California Codes
Cal. Penal Code § 801 (2026)
✓ current as of May 2026
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Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.
Notes of Decisions
Cited in 38
cases (6 in the last 5 years), 1959–2026 · leading case: People v. Honig, 96 Cal. Daily Op. Serv. 5920 (Cal. Ct. App. 1996).
People v. Honig, 96 Cal. Daily Op. Serv. 5920 (Cal. Ct. App. 1996). “(Pen. Code, §§ 801, 803, subd. (c).) The indictment alleged that discovery of the offenses occurred in December 1990.”
People v. Bell, 96 Cal. Daily Op. Serv. 3660 (Cal. Ct. App. 1996). “(Pen. Code, § 801.) Prosecution for those charges commenced on April 20, 1993, with the filing of the amended information containing the false filing counts.”
People v. Beasley, 130 Cal. Rptr. 2d 717 (Cal. Ct. App. 2003). “(Pen. Code, § 801.) 3 The issue raised must necessarily arise in many cases and appears ripe for legislative resolution.”
People v. Allen, 984 P.2d 486 (Cal. 1999). “(Pen. Code, § 801.) (Under other code sections, the statute of limitations on both offenses may instead be one year if the value of the stolen property does not exceed $400.”
Frans Theron v. United States Marshal, 832 F.2d 492 (9th Cir. 1987). “Compare Cal. Penal Code § 801 (West 1985) with 18 U.”
People v. Vallerga, 67 Cal. App. 3d 847 (Cal. Ct. App. 1977). “At the time of oral argument the Attorney General contended that the trial court did not err in failing to instruct the jury with respect to a violation of Penal Code section 70, a misdemeanor, as a lesser but necessarily included offense, because the one-year statute of…”
People v. Gustavo M., 214 Cal. App. 3d 1485 (Cal. Ct. App. 1989). “Penal Code section 801 requires prosecution of an offense punishable by imprisonment in the state prison (except for offenses which are punishable *1496 by death, life imprisonment, or imprisonment for eight years or more) to be commenced within three years after commission of…”
People v. Guevara, 2004 Cal. Daily Op. Serv. 6888 (Cal. Ct. App. 2004). “Penal Code section 801 provides, with exceptions not applicable to this case, that “prosecution for an offense punishable by imprisonment in the state prison shall be commenced within three years after commission of the offense.”
People v. Lopez, 97 Cal. Daily Op. Serv. 620 (Cal. Ct. App. 1997). “” 1 (Pen. Code, § 801.) This general statute of limitations is subject, however, to a discovery provision for specified crimes.”
People v. Hawes, 129 Cal. App. 3d 930 (Cal. Ct. App. 1982). “Code, § 1382); and, of crucial significance to these proceedings, the prosecution is barred unless the complaint is filed within one year after the commission of the offense (Pen. Code, § 801). Here the accusation was filed a year and a half after the alleged act of misconduct…”
Munoz v. Kaiser Steel Corp., 156 Cal. App. 3d 965 (Cal. Ct. App. 1984). “First, because a representation is either “knowingly false” (see § 970, fn. 5, ante) or not at the time it is made, the one-year statute of limitations applicable to both sections 971 and 972 (see Code Civ.”
People v. Lewis, 180 Cal. App. 3d 816 (Cal. Ct. App. 1986). “(Pen. Code, § 801.) At the time of the crime in the present case, in 1980, the statute of limitations was three years calculated from the discovery of the offense.”
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